But in a twist of fate, One Nation senator-elect Rodney Culleton is trying to annul a larceny conviction in Armidale Local Court on Monday, but risks arrest if he sets foot in NSW.

The Leader can reveal exclusive details of the charges after Culleton, who has a Guyra base, took action in the NSW district and supreme courts this week.

He filed an annulment application to overturn a conviction for the offence of larceny after he allegedly stole a key on April 11, 2014, during a dispute with a tow truck driver who was trying to repossess a car in Guyra.

Armidale police applied for and were granted an arrest warrant on July 7, last year, to serve a court attendance notice for the offence after exhausting efforts to find Culleton.

The warrant was executed in Sydney in September, last year, and after several adjournments, Magistrate Michael Holmes convicted Culleton in his absence on March 2, this year, after Culleton’s solicitor withdrew from the matter and a request for an adjournment was refused.

Mr Holmes issued a Section 25 warrant, ordering police to arrest Culleton to bring him before the court as soon as possible.

But Culleton is trying to have the conviction overturned, to allow him to be officially sworn in as a Western Australian senator for Pauline Hanson’s One Nation Party.

He was elected as the 11th senator for WA at the July 2 federal election, with his position confirmed five days ago.

But he can’t take office with a conviction, because under Australian electoral laws, no senator can be sworn if they have been convicted and “under sentence, or subject to be sentenced, for an offence under Commonwealth or state law punishable by a prison sentence of 12 months or more.”

The maximum penalty for larceny in NSW is five years imprisonment.

According to his website, Culleton is a 52-year-old is a farmer and “a successful businessman”, and exports “finished products, to countries around the world that were manufactured at his special purpose built facilities, located both in Williams and Guyra, NSW.” 

Culleton has filed an annulment application which will be heard on Monday at 9.30am in Armidale Local Court. If he doesn’t show, the application could be dismissed by the magistrate.

It’s the second time Culleton has lodged an annulment application in Armidale Local Court, with Culleton also challenging the refusal of the first bid in the higher court.

He has challenged the conviction made in his absence as well as the refusal to allow the annulment application, with that matter due to be heard in Armidale District Court on August 15.

And on Friday, Culleton was due to appear in the NSW Supreme Court in Sydney, after lodging another legal challenge, this time in the civil jurisdiction.

Culleton took action against an Armidale police officer, but according to court documents, a registrar made an order on Friday morning, “ordering that the Local Court of NSW and DPP be substituted as defendants”.

Culleton was ordered to serve the affidavits he relies and the matter will return to court on August 18 for mention.

The Leader tried to contact One Nation for comment but it did not return calls on Friday.